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10/6/2015 - Ordinance No. 15-10806 Moratorium

ORDINANCE NO. 15-10806

AN ORDINANCE DECLARING A 60-DAY MORATORIUM ON THE PAINTING OF CURRENTLY UNPAINTED MASONRY EXTERIOR SURFACES AND THE PAINTING OF ANY EXTERIOR SURFACE INVOLVING A CHANGE OF COLOR, ON ANY BUILDING LOCATED WITHIN THE LEE DISTRICT.

BE IT ORDAINED by the Governing Body of Salina, Kansas:
Section 1. Findings. The Governing Body makes the following findings:

(a) Article X, Chapter 2 of the Salina code addresses the responsibilities of the Design Review Board (“DRB”) and city staff in the protection and enhancement of the exterior appearance of property located within the Salina Business Improvement District Number 1, commonly referred to as the “Lee District,” by review, consideration, and potential approval of a required “certificate of compatibility.”

(b) Salina Code Sec. 2-208 provides for the approval and amendment by resolution of the governing body of Design Guidelines for Downtown Salina.

(c) Resolution No. 08-6480 adopted by the Governing Body on January 14, 2008, adopted the current Design Guidelines for Downtown Salina.

(d) Salina Code Sec. 2-209 provides for the approval and amendment by resolution of the governing body of a Design Review Board matrix identifying whether projects are to undergo DRB consideration or staff administrative consideration of the issuance of a certificate of compatibility.

(e) Resolution No. 08-6481 adopted by the Governing Body on January 14, 2008 adopted the current Design Review Board matrix.

(f) On August 14, 2015, the owner of 104 North Santa Fe (“Owner”), filed Application #CC15-8 requesting a certificate of compatibility to allow the replacement of the existing Santa Fe storefront awnings and the painting of the two-story Santa Fe brick masonry façade of the building located within the Lee District.

(g) At a meeting of the DRB on August 28, 2015, the DRB (1) made its findings and conditionally approved the awning replacement and (2) postponed consideration of the proposed façade painting to its September 10, 2015 meeting to allow for exploration of alternatives to the painting of brick and mortar.

(h) At a meeting of the DRB on September 10, 2015, the DRB approved the repainting of painted brick on the rear façade of the building, but made its findings and denied the request to paint the currently unpainted brick front façade of the building as an unjustified exception to the Design Guidelines for Downtown Salina.

(i) A letter dated September 23, 2015 from legal counsel for the Owner to City Planning staff advised the City of the Owner’s position that because the exterior painting proposed by the Owner does not require a building permit, the approval of the DRB is not required.
(j) The public interest is served by a moratorium of a duration limited to the time required for the Governing Body to (1) seek legal review; (2) seek input from relevant advisory boards and the public; and (3) make any necessary policy determinations clarifying the application of the requirements of Article X, Chapter 2 of the Salina Code and the adopted Design Guidelines for Downtown Salina to the subject application and other future applications relating to the painting of currently unpainted masonry exterior surfaces and the painting of any exterior surface involving a change of color, on any building located within the Lee District.

Section 2. Moratorium. The Governing Body hereby establishes a 60-day moratorium on the painting of currently unpainted masonry exterior surfaces and the painting of any exterior surface involving a change of color for which a certificate of compatibility has not been issued, on any building located within the Lee District.

Section 3. Stop Work Orders. Whenever any work is being done contrary to the provisions of this ordinance, the building official may order the work stopped by notice in writing served on any person involved in the performance of such work or the owner of record of the property. Any such person or owner of record shall immediately stop such work and shall not resume work until the building official has determined that the project is in compliance with any applicable requirements of this ordinance.

Section 4. Summary of Ordinance for Publication. The City Clerk is directed to publish a summary of this ordinance in the official city newspaper in the following format:

Ordinance No. 15-10806 Summary
On October 5, 2015, the City Commission passed Ordinance No. 15-10806. The ordinance establishes a moratorium on the painting of currently unpainted masonry exterior surfaces and the painting of any exterior surface involving a change of color, on any building located within the Lee District. A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary is certified by the city attorney.

Section 5. Effective Date; Term. This ordinance shall be in full force and effect from and after its adoption and publication by summary once in the official city newspaper and shall remain in full force and effect for a period of 60 days thereafter, unless further extended by ordinance.